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Advice on access involving a restraining order?
#1
Hi, I'm trying to find out some information for my boyfriend. His ex-wife has an indefinite restraining order against him (issued several years ago and never breached), but he's unclear as to wether or not this means he's not allowed to see their children (age 10 and 14) now. He was released from prison last year after a 27 month sentence and was subject to licence conditions until March this year, and during this time has had no contact with the children. He was told before Christmas that he could have some contact with them, e.g. send a card, but that was 6 months ago when he was still on licence, so as he is no longer under licence conditions we're unsure where he stands or who to ask (previously it would have been his probation officer or the police officer dealing with him.) Both children want to see him and the 14 year old has recently made contact via social media and since then they've spoken on the phone and sent texts, with the Mother's knowledge and consent, however it's currently unclear how co-operative she'll be if he wants to actually see them, and he's extremely wary and distrustful of her and has good reason to think she'd allow contact then possibly drop him in it if it turned out he wasn't yet allowed access. We're not sure where to start to be honest but any advice would be gratefully received. I don't believe he still has any of the paperwork or details of the restraining order (such is how it goes when you've been moved around the prison system) so we're not even sure if that's where we need to start or if it's child services, or if so which one. Many thanks!
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#2
Wow thats a hard one, Im guessing you have to go back to the court that issued the restraining order and ask for a copy. Are the kids included in the restraining order?
A safe bet would be to speak to a contact centre near the mother, pay and ask them to set up a supervised visit with kids. If the mother agrees and there is proof you should be safe.

Just an opinion though, I could understand why youre apprehensive about it.
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#3
Either party to a Non-Molestation Order can apply to the court to have it varied or discharged. The form for this is FL403. You can download a copy or get a copy from your local court. There’ll be a fee payable for the application, so no incentive for your boyfriend’s ex to submit the application.

The main problem would be if your boyfriend’s ex partner objects to the variation/discharge application.

You are right to be wary of possibly breaching the current order, so if you are able to afford to do so it may be best to get some advice from a solicitor. Your boyfriend hasn’t been charged with breaching the current order and both children are expressing an interest in seeing him again, so this is all positive if he does apply to have the order discharged or varied.

Good luck.
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